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  1. #1

    Default No Workmans Comp

    my wife works @ a place in indiana and is 1 of 3 employees of the company.. the company does not carry workmans comp on any of them.. she is a secretary and the other 2 r mechanics.. what the company is doing is illegal i suspect.. the company gives out 1099's @ the end of the year instead of w-2's because he says they (my wife and the other 2) r independent contractors and he doesn't have to have workmans comp on them or take their tax's out.. which also means he is not paying his share of social security or medicare.. just would like some feed bak on this..

    ty, doc

  2. #2
    Join Date
    Feb 2008
    Posts
    578

    Default Re: No Workmans Comp

    Well, if they tell her when to report for work and what hours to work they are probably employees under IRS and Indiana WC statutes.

    http://www.irs.gov/govt/fslg/article...110344,00.html

    Also note if he is mistakingly/illegally treating employees as contractors he has most probably not paid social security, unemployment, etc, either.

    Here's the IA WC statutes

    http://www.state.in.us/legislative/ic/code/title22/ar3/

    They're are exceptions as to who must have WC insurance and they vary by state. Your wife can filre a claim by herself, but realistically you're probably going to need a local lawyer to handle a claim with an employer who doesn't comply with the law.

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